Presenter:
Kathy Boydston

I. Discussion: The
Department has been requested
to exchange a portion
of an existing pipeline
easement totaling 0.48
acres for the expansion
of an adjacent easement
by 0.44 acres for the
purpose of replacing a
section of existing pipeline.
The easement tracts involved
and a requested temporary
workspace of 0.32 acres
are shown on the map in
Exhibit A. The charge
for surface camage will
be $5,000.

Headquarters and Park staff
have examined the application
and conclude that all attempts
have been made to minimize
impacts to the park. The
staff recommends the Commission
the exchange be granted
subject to the conditions
shown in Exhibit B.

II. Recommendation: The
staff recommends the Texas
Parks and Wildlife Commission
adopt the following motion:

"The Executive Director
is authorized to recommend
to the Board for Lease
for Parks and Wildlife
Lands the exchange of
an easement to the Applicant
as requested, incorporating
terms and conditions shown
in Exhibit
B."

Conditions

This Exhibit contains terms
and conditions staff recommends
be included in the pipeline
easement covering certain
areas in the Lake Houston
State Park. These terms
and conditions, if approved
by the Commission, shall
be forwarded to the Board
for Lease.

The archeological testing
undertaken by Prewitt
and Associates, Inc.,
on the existing easement
and submitted in December,
1990, shall be deemed
sufficient review of the
potential for impacts
to buried cultural resources.
No additional testing
or mitigation shall be
required unless new evidence
of buried cultural resources
is discovered in the course
of pipeline drilling and
replacement. This clearance
shall be specific to the
area of the new easement
and temporary work area,
and does not authorize
any other or additional
use within the State Park.

If an undocumented archeological
or cultural site is discovered
during site preparation,
drilling or pipeline replacement
operations, all work should
cease and the site shall
be reported to the land
manager and the Texas
Historical Commission.
Any and all testing, permitting
and reporting to achieve
cultural resource clearance
from the Texas Historical
Commission and TPW shall
be the sole responsibility
of the operator. Determination
of the need for further
investigation shall be
made by the Texas Historical
Commission under the provisions
of SubSection 191.0525
(g) of the Texas Natural
Resources Code, and by
Texas Parks and Wildlife
(TPW) under the provisions
of its Environmental Policy.

The operator shall notify
the land manager in writing
48 hours where practical,
but in no case less than
24 hours in advance of
the initial entry to begin
operations. Where written
notification is not possible
verbal notification shall
be considered sufficient.
An entry schedule for
staging of equipment,
drilling and pipeline
replacement shall be developed
in consultation with the
land manager. Entry for
emergency purposes such
as fire, explosion, or
injury shall not require
prior notice. The land
manager shall be notified
as soon as possible after
the emergency event. The
site manager shall have
the authority to make
provisions for unlimited
and unsupervised entry
to the site through the
existing park gate on
F. M. 1485.

All reasonable precautions,
including consultation
with the land manager,
shall be taken to avoid
disturbance of fish, wildlife
or significant plant resources
during the pipeline drilling
and replacement operation.
Jurisdictional wetlands
occur on the existing
easement and on the area
to be added to the existing
easement. Disturbances
to these wetlands shall
be limited to the clearing
of vegetation. Existing
trees may be removed by
means other than heavy
equipment; trees shall
not be uprooted in the
process of clearing jurisdictional
wetlands within the easement.
In the event disturbance
of soils within the jurisdictional
wetlands becomes necessary,
procedures for work and
post-project site treatment
shall be negotiated and
coordinated with assigned
TPW Resource Coordinator.

a. No pesticides, herbicides
or other biocides may be
used in the State Park without
the express authorization
of the assigned TPW Resource
Coordinator.

b. No one entering the
State Park under the provisions
of this authorization shall
kill or harass any wildlife.
Snakes, turtles, alligators
and other wildlife found
within the project area
may be removed a reasonable
distance from the immediate
vicinity and released unharmed.

Cutting, clearing, or
other vegetation disturbances
shall be confined within
the boundaries of the
authorized easement and
temporary work area.

The holder of this easement
shall be responsible for
shredding or mowing the
entire easement, including
the 0.48 acres of easement
returned to TPW, and the
cleared area(s) of the
temporary work area, on
an annual basis, for the
life of this easement.
The operator may mow or
shred the easement more
often than annually at
the operators discretion.

Restoration of the easement
and work area to pre-project
contours and surface hydrology
shall be the sole responsibility
of the operator. Seeding
of cleared area(s) with
native grasses of the
variety(ies) specified
by the assigned Texas
Parks and Wildlife Resource
Coordinator at rates consistent
with current professional
standards, at the sole
expense of the operator,
may be required to minimize
erosion or facilitate
re-vegetation.

The holder of this easement
shall be responsible for
the control of erosion
within the easement and
temporary work area, at
the sole expense of the
operator, for the life
of this agreement.

The operator shall be
solely responsible for
leaving all roads, access
routes, infrastructure
and other park facilities
in as good or better condition
than found. Vehicle and
equipment access and activity
is confined to existing
road ROW and the existing
pipeline easement, unless
prior arrangements are
specifically approved
by the site manager. Damages
to park roads, including
excessive wear, shall
be repaired at the discretion
of the site manager. Any
disagreements arising
over the decision of the
site manager in this regards
shall be resolved by the
Region 4 Parks Manager,
whose decision shall be
final and binding.

The site manager, with
concurrence from the Region
4 Parks Director or his
designee, shall have the
right to deny access to
the project site, for
reasons of safety, resource
impact, or breach of easement
conditions, without penalty
to TPW. In the even access
is so denied, operator
will be provided with
a verbal or written explanation
of the reason for denial,
and a reasonable estimate
of the conditions and/or
schedule under which denial
shall be rescinded. Any
decision to deny access
to the project site may
be appealed to the TPW
Parks Division Director
for review.

Removal of water from
Caney Creek is authorized
as per other state and
federal regulation and
permit(s), which are the
sole responsibility of
the operator. No other
removal of ground or surface
water is authorized without
prior written consent
from the assigned TPW
Resource Coordinator.

A closed drilling fluid
system shall be used for
the drilling component
of this project.

a. All drilling fluids
shall be contained in steel
tanks or above-ground lined
containers. Excavation of
pits for lined pit containment
will be specifically reviewed
and approved by the assigned
TPW Resource Coordinator
if it determined that there
is no reasonable alternative.
Excavated and lined pits
shall be fenced to prevent
wildlife mortality, at the
operators sole expense,
as per direction of the
assigned TPW Resource Coordinator.

b. No drilling fluids shall
be disposed of on-site.

c. All drilling fluids
and other waste materials,
including trash and garbage,
shall be removed from the
State Park and disposed
of in a manner consistent
with all local, state and
federal rules and regulations.

d. Operator shall file
a written plan with the
assigned TPW Resource Coordinator
for the use, handling and
removal of drilling fluids
and pipeline product during
the course of this project,
including provisions for
response to unintentional
spill. Plan will be reviewed
and approved by TPW prior
to start of work.

At least one (1) portable
toilet shall be provided
on-site for the use of
all operator, contractor
and/or subcontractor personnel,
for the entire duration
of equipment staging,
drilling, pipeline replacement,
site cleanup and follow-up
work. Park facilities
shall not be used by project
personnel without the
express consent of the
site manager.

All personnel who enter
the park under the authorization
granted by this easement
shall abide by all park
rules at all times, including
the prohibition against
possession of a loaded
firearm and the prohibition
against public consumption
of alcoholic beverages.

Operator will be required
to sign a Surface Use
Agreement (SUA) with TPW
covering matters left
to the discretion of the
land manager under the
terms and conditions above.

The consideration for
surface damages associated
with this easement is
$5,000 payable in goods
and services in lieu of
cash payment, to be used
for habitat management
and/or restoration within
the Coastal Prairies and
Marshes natural region
of Texas. Arrangements
for payment shall be made
through the Program.,
Director for Natural Resources,
State Parks Division.
Funds shall remain available
for expenditure on goods
and services for twelve
(12) months of the date
of this TPW commission
action.

The lessee shall save,
hold harmless, defend
and indemnify the State
of Texas, its agents and
employees for losses,
damages or judgements
and expenses on account
of bodily injury, death
or property damage of
any nature whatsoever,
and by whomsoever made,
arising out of the activities
of the lessee, the lessee's
agents, employees, or
subcontractors associated
with the mobilization/demobilization
of equipment and personnel,
the drilling or replacement
of pipeline(s), and/or
any activity(ies) associated
with the project authorized
by this agreement.